Landusky mine, and Lodgepole is downstream from the Zortman mine. The EPA is not 

 aware of any violations of chemical standards in any of these community water 

 supplies based on periodically required reporting requirements.'^ 



The DEQ has stated that there have been no exceedences of water quality standards 

 on the Fort Belknap Reservation /"^ but sampling data from DEQ's contractors show 

 exceedences in water quality standards for iron, and sometimes arsenic, nickel, and 

 zinc, in surface water upstream from the reservation boundary.'^ 



Some conflicting information regarding water quality violations exists because there is 



a dispute over which water quality standards apply. The 1996 Consent Decree 



provided for temporary technology-based water quality standards that Pegasus was 



required to meet pending the completion of the ground water and surface water 



collection systems and the construction of the water treatment plants at Zortman and 



Landusky. Following construction of the systems, DEQ intended to issue Montana 



Pollution Discharge Elimination System 



(MPDES) permits to Pegasus that would 



have included more stringent effluent 



standards. Pegasus constructed the 



water collection and treatment systems, 



but the 1998 bankruptcy eliminated the 



existence of Pegasus as a MPDES permit 



applicant. Since then, the DEQ has been 



maintaining and operating the water 



collection and treatment systems under the Consent Decree standards. This is one of 



the complaints being argued in the Tribes' Clean Water Act lawsuit. 



In June 2004, the BLM prepared and signed an Action Memorandum stating that it 

 considers the mines to be abandoned following the completion of the Pegasus 

 bankruptcy and that it intends to use its authority under the federal Superfund 

 Program (CERCLA) as a federal land management agency to maintain the mine water 

 capture and treatment systems. A CERCLA designation negates the need for a National 

 Pollution Discharge Elimination System (NPDES) or MPDES permit to be issued for mine 

 discharges. CERCLA still obligates the agency and the DEQ to attain applicable or 

 relevant and appropriate requirements (ARARS) of federal and state laws, including 

 water quality requirements, to the extent practicable. 



Some conflictins information 



regarding water quality violations 



exists because there is a dispute 



over which water quality standards 



apply. 



